Welcome to Draw Me!. At Draw Me!, a service of F-Plat, Inc., these terms apply to use by companies, organizations, and individuals (Clients) that are requesting work. By using this service, you are deemed to have agreed to the contents of these terms.
1. DefinitionsWords with special meaning as used in these Terms are defined as follows.
|The Company||F-Plat, Inc. (Head Office: Chiyoda, Tokyo, Japan; Executive Director: Yoriyuki Kambe)|
|The Service||Draw Me! and services incident thereto, as provided by the Company|
|Users||Companies, organizations, and individuals that access and use the Service|
|Information submitted in the Service by the User and stored with the Company|
|Client||Companies, organizations, and individuals that hold Accounts in the Service for the purpose of requesting work|
|Creator||Companies, organizations, and individuals that hold Accounts in the Service for the purpose of being entrusted with work|
|Work Item||The unit of work requested by a Client from a Creator in the Service|
|Work Item Progress||The procedures from a Work Item request until completion is reached|
|Other Contracts, etc.||All contractual acts provided between Clients, the Company, and Creators|
|Deliverables||Illustrations that Clients order and Creators make in each Work Item|
|Deliver||Acts that Creators send Deliverables to Clients|
|Business Partner||A party that concludes a work assignment contract for a Work Item|
|Other Contracts, etc.||All contractual acts provided between Clients, the Company, and Creators|
|Content||Works including text, images, audio, video, programs, and the like|
- These Terms apply to all matters in the Service between the Company and the Client.
- By using the Service, the Client is deemed to be in agreement with regard to all contents included in these Terms.
- Where Other Contracts, etc. differ from the provisions of these Terms, the provisions of said Other Contracts, etc. apply with precedence.
3. Handling of Personal Information
4. Eligibility to Use
- The conditions of using the Service as a Client are determined as follows;
- Appropriately maintains, on one's own responsibility and at one's own expense, all equipment, software, and means of communication.
- Has understood and agreed to these Terms.
- If a minor, has obtained the comprehensive agreement of a parent or legal guardian with regard to the use of the Service.
- In cases where any of the following apply, the Company may refuse Client Registration or suspend use as well as cancel membership;
- In case of abuse or a violation of terms in the past in a service provided by the Company.
- In case of a violation of these Terms or of Other Contracts, etc.
- In case of other conduct our company has judged inappropriate.
5. Formation of Contracts
- A work assignment contract between the Company and the Creator forms when the Client apply their request and complete the payment as prescribed in the following clauses.
6. Payment of Fees
- The Client shall pay the full amount of the fee before the Creator starts to make the deliverable. However, this restriction does not apply if the Client has concluded a contract with the Company for monthly payment.
- If the Client has concluded a contract with the Company for monthly payment, the Client shall pay the full amount in cash to the bank account designated by the Company by the end of the month following the month in which the Work Item was completed.
- The Creator shall deliver the deliverable before seven days after the date of the work assignment contract formed as stated on "5. Formation of Contracts".
- The Creator shall bear the risk of loss, damage, or the like to the delivery object before delivery, and the Client shall bear such risk after delivery.
- With delivery prescribed in this article, work on the matter in question is complete.
8. Product Quality Guarantee
- The Client has a duty to verify, before placing an order, the Creator's ability to perform the work by inspecting the Creator's profile.
- he Creator has a duty to state and send truthful contents in the published contents of its profile.
- If there are problems such as delays in performance with regard to the Work Item, product nonconformance to specifications, or product defects, these shall be resolved after consultation between the Client, the Company, and the Creator. If the Company takes responsibility for restitution as a method of resolution, the amount of such restitution shall be limited to the amount of fees the Company received from the Client.
- If a clear discrepancy between the delivery object and the order is discovered after completion of the delivery from the preceding article, the Client may demand correction of applicable defects from the Company, and the Creator shall correct the applicable defects. However, the Creator and the Company bears responsibility for corrections only if the demand is made by the Client within six months after completion of the inspection and acceptance from the preceding article.
- Notwithstanding the preceding clause, if the defect is minor, and an excessive cost is required for the correction of the delivery object, the Company and Creator does not bear responsibility for the corrections prescribed in the preceding clause, and the Client shall create a new Work Item and request corrections from the Creator.
- The provisions of Clause 4 do not apply when defects arise due to materials provided by the Client or indications given by the Client.
9. Delivery Product Copyright
- The copyright of Deliverables belongs to the Creator.
- The Creator shall permit the Client copying, modification, transform, public transmission, transfering or lenting Deliverables. Also, the Creator shall not exercise her/his moral rights.
- When the Client permit us to show the drawing on the Gallery, it is regarded as that the Creator permit us to use it on the Service and its related service.
- When the Client or the Creator require the Company to recant permission which is stated in the preceding clause, the Company stop to use the Deliverables on the Service.
10. Work Item Cancellation
- The Client as well as the Creator may cancel the Work Item before the formation of contracts as stated in Article 5. In this case, neither the Company nor the Creator may claim nominal fees or remuneration for any reason.
- The Client may not cancel the Work Item after the formation of contracts as stated in Article 5.
- The Creator may not, except on grounds prescribed in the following clauses, cancel a work assignment contract.
- The Client, the Creator, or F-Plat may immediately cancel a work assignment contract without any notice if grounds falling within any of the following items are caused by another party;
- If there is gross negligence or a breach of trust
- If there is a suspension of payment, or if there is a petition for a provisional seizure, a seizure, an auction, the commencement of bankruptcy proceedings, the commencement of civil rehabilitation proceedings, the commencement of corporate reorganization proceedings, or the commencement of a special liquidation.
- If a disposition for failure to pay taxes or public dues has been received.
- If other significant grounds that are equivalent to the preceding items arise making it difficult to continue a work assignment contract, the Client, the Creator, or F-Plat may cancel the work assignment contract if the other party violates any of the provisions of these Terms and the other party's default on obligation is not corrected even after a formal demand establishing a reasonable time period for performance.
- The Client, the Creator, or F-Plat, in cases falling within any of the items of clause 4 or where a cancellation established in the preceding clause has been performed, forfeits the benefit of paying over a period of time as a matter of course and must immediately pay any and all monetary obligations owed the other party even without notice or demand from the other party.
11. Duty of Confidentiality
- The Client, the Creator, and the Company shall not disclose or divulge to a third party any information, documents, or the like received from a Business Partner in the Service.
However, this restriction does not apply to matters that correspond to the following items;
- Already publicly known or became publicly known.
- Already possessed personally before information was obtained, and proof can be established that this is true.
- Obtained by lawful means from a third party possessing legitimate authority.
- The disclosure of information, materials, or the like was authorized by the Business Partner.
12. ProhibitionsThe Client, in using this Service, may not perform the following acts. If a prohibition is violated, the Company may suspend business with the applicable Client, a claim for damage compensation, and the like.
- Acts inducing or soliciting business transactions or activity unconnected with the Service or corresponding acts.
- Acts recording statements or making utterances or announcements with false content.
- Acts infringing a third party's intellectual property rights such as copyrights or trademark rights, or acts likely to be such infringements.
- Acts violating a third party's property, privacy, or publicity rights, or acts likely to be such violations.
- Acts unjustly discriminating against or defaming third parties, including the Company and the Creator, or acts damaging the reputations or trust in such entities.
- Acts assigning work with the purpose of violating the property or rights of a third party.
- Acts that are connected or are likely to be connected with a crime.
- Acts instigating a crime or violation of terms by the Creator.
- Acts improperly rewriting or erasing information stored on the Company's servers.
- Acts sending harmful computer programs to the Company's servers or to the Creator.
- Acts intentionally placing a high load on the Company's servers.
- Acts causing impediments to the Company's operations, network, or systems or acts that are likely to cause such impediments.
- Acts infringing the Company's or a Creator's intellectual property rights.
- Acts that violate laws, ordinances, or public order and morality.
- Other acts that the Company determines are inappropriate.
13. Intellectual Property Rights
- All Content included in the Service is the property of the Company or Users and other content providers and is protected under the laws of Japan and applicable countries as well as international law relating to intellectual property.
- A person shall obtain consent of the Company and applicable Content copyright holders in advance if reproducing, adapting, redistributing, or transmitting to the public the Content of the Service.
- The Company may use, reproduce, adapt, or transmit to the public Content transmitted to the Company by a User in the use of the Service only if the Company has obtained consent of the User.
14. Interruption, Suspension, and Termination of the Service
- The Company may add to, change, or interrupt the Service at any time for any reason.
- If terminating the Service, the Company shall notify the User on a page in the Service at least 30 days before the Company terminates the Service.
- The Company bears no responsibility whatsoever with regard to damages that arise in the case of entry omissions, input mistakes, illegible corrupted text, or the like with respect to information in a request transmitted by a Client where there are no grounds to attribute such responsibility to the Company.
- The Company bears no responsibility whatsoever with regard to system damages (regardless of whether hardware or software) caused by the Client in the use of the Service.
- SSL encryption technology is employed in the Service during the input of information, but there are no guarantees by the Company with regard to security of such input. If by some chance damage is arises without negligence by the Company, the Company bears no responsibility for such damage.
- If the Client causes damage to the Company or a third party by using the Service, the Client shall provide a resolution at its own expense and on its own responsibility and compensate such damage.
- The Company bears no responsibility whatsoever with regard to damages caused by system interruptions, delays, or data loss due to malfunctions in communication lines, computers, or the like, or caused by improper accessing of data. The Company may provide appropriate information and advice to the Client, however, the Company bears no responsibility due to such action.
- The Company bears no responsibility whatsoever with regard to damages caused by violation of these Terms by the Client. If notice is given or a lawsuit is filed by a third party for the infringement of an applicable third party's intellectual property rights by a product delivered in the Service, the Client and the applicable Creator shall cooperate to resolve the applicable case of infringement.
16. Governing Law, etc.
- These Terms are governed by the law of Japan.
- Tokyo District Court is the exclusively agreed court of jurisdiction with regard to disputes arising due to use of the Service.
17. Changes to these TermsThese Terms may change without advance notice. Further, if these Terms are changed after the occurrence of a request process in the Service, the terms at the time of the request shall be effective.
- Created 22, March 2013